Draft strengthens cow slaughter bill

Author: Manjari Mishra
Publication: The Times of India
Date: April 22, 2003

Even as the Union government dithers on total ban on cow slaughter, a draft and preamble to the Prohibition of Cow Slaughter Act 2003 from UP officials could finally give the Central bill the much required teeth.

In a meeting on April 16 attended by the secretaries from Gujarat, Jharkhand and UP, the latter's draft created ripples which are expected to lead to some vital changes in the bill, in the coming days.

The meeting was convened by the Union agriculture minister Ajit Singh to discuss the Central bill. The bill, according to some, dilutes the cow slaughter ban by imposing a penalty of three months or a fine up to Rs 5000 even as the offence is punishable with a seven-year prison term in UP according to the recently amended act, sources confided on Monday.

The fresh draft submitted by Gupta and Parmanand Mittal, former chairman of UP Gau Seva Ayog, enlisted various reasons- from quoting the directive principles of the state policy fundamental duties of the citizen (Clause B) to economic- for the government to go the whole hog over imposing a total ban.

Rubbishing the raging controversy over the Centre's jurisdiction to enact the law on a subject which was deemed to be part of the state list, the draft maintains that prohibition of slaughter of cow and its progeny was enumerated neither in list II or list III of the VIII Schedule of the Constitution hence item no 97 of list 1 of this schedule empowers the Union of India to legislate on this matter.

As cow and its progeny, its flesh, hides and bones have become items of inter state trade and commerce the Union of India only is empowered to legislate upon this matter under item no 42 of list 1 of the VIII Schedule. Similarly, trade and commerce in and production, supply and distribution of food stuff cattle fodder etc also form part of the item no 33 of the list III and of the VIII Schedule authorising the Union government to enact the law.

Making light of the argument that bullocks after attaining the age of 16, become useless, the document quotes a study conducted by the Gujarat Agriculture University and the Animal Husbandry Department of Gujarat. Ninety-three out of 100 bullocks tested for the purpose turned out to be fighting fit for agricultural purpose including ploughing and pulling the cart.

The draft also points out that the National Commission on Cattle in the year 2001 had already recommended complete ban on cow slaughter as cattle-human ratio has declined from 430 per thousand in 1961 to 278 per thousand in 1981 and if the trend continued it could drop to 20 per thousand by the year 2011.
 


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